Hazardous Materials - Catchall Violations - Policy Request
| Entry Date | June 4, 2024 |
|---|---|
| Issue Number | 24-032-HAZ |
| Name | Rex Railsback |
| Agency | Railsback HazMat Safety Professionals, LLC |
| Address | 312 Lawrence AveLawrence, KS, 66049United StatesMap It (opens in a new tab) |
| Phone | 913-568-3001 |
| [email protected] | |
| Committee | Hazardous Materials Committee |
| Status | Closed |
| Summary of Issue | Enforcement still citing "catchall" violations, when also citing for individual violations, e.g., citing 177.804(a), to an HM carrier, who also has a safety regulation violation. I previously submitted a request for action and it was closed pending Ops 14 update. Ops 14 has been updated, but it still has nothing ref. this type of "Stacking" violation |
| Justification or Need | Due to the ever increasing, behind the scenes, punitive actions associated with roadside inspection violations, a policy and/or request to FMCSA, for any type of stacking or catchall violations, associated with another violation, on the same report, needs to be declared as stacking and/or the SMS point value placed at 0. This type of "stacking" does not increase safety and can add to industries frustration with enforcement. This type of violation is strictly used to add "quantity" and has nothing to do with quality. |
| Request for Action | Put into policy a prohibition for stacking and submit letter to FMCSA to either remove catch all cites from the SMS list or assign a 0 point value for such cites. |